Oracle Corporation et al v. SAP AG et al

Filing 1056

Declaration of Tharan Gregory Lanier in Support of 1055 Opposition/Response to Motion, Defendants' Opposition to Oracle's Conditional Motion for New Trial filed bySAP AG, SAP America Inc, Tomorrownow Inc. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F)(Related document(s) 1055 ) (McDonell, Jason) (Filed on 4/8/2011)

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Robert A. Mittelstaedt (SBN 060359) Jason McDonell (SBN 115084) Elaine Wallace (SBN 197882) JONES DAY 555 California Street, 26th Floor San Francisco, CA 94104 Telephone: [phone] Facsimile: [phone] [e-mail] [e-mail] [e-mail] Tharan Gregory Lanier (SBN 138784) Jane L. Froyd (SBN 220776) JONES DAY 1755 Embarcadero Road Palo Alto, CA 94303 Telephone: [phone] Facsimile: [phone] [e-mail] [e-mail] Scott W. Cowan (Admitted Pro Hac Vice) Joshua L. Fuchs (Admitted Pro Hac Vice) JONES DAY 717 Texas, Suite 3300 Houston, TX 77002 Telephone: [phone] Facsimile: [phone] [e-mail] [e-mail] Attorneys for Defendants SAP AG, SAP AMERICA, INC., and TOMORROWNOW, INC. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION ORACLE USA, INC., et al., Plaintiffs, v. Case No. 07-CV-1658 PJH (EDL) DECLARATION OF THARAN GREGORY LANIER IN SUPPORT OF DEFENDANTS' OPPOSITION TO ORACLE' S CONDITIONAL MOTION FOR NEW TRIAL Date: July 11, 2011 Time: 9:00 a.m. Courtroom: 3, 3rd Floor Judge: Hon. Phyllis J. Hamilton

24 SAP AG, et al., 25 Defendants. 26 27 28

LANIER DECL. ISO DEFENDANTS' OPPOSITION TO ORACLE'S CONDITIONAL MOTION FOR NEW TRIAL Case No. 07-CV-1658 PJH (EDL))

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I, THARAN GREGORY LANIER, declare as follows: I am a partner in the law firm of Jones Day, 1755 Embarcadero Road, Palo Alto, California 94303, and counsel of record for Defendants SAP AG, SAP America, Inc. (together, "SAP"), and TomorrowNow, Inc. ("TN") (collectively, "Defendants") in the above-captioned matter. I am a member in good standing of the state bar of California and admitted to practice before this Court. I make this declaration based on personal knowledge and, if called upon to do so, could testify competently thereto. 1. Plaintiffs' Trial Exhibits 614 and 615 were produced to Defendants on Februrary

6, 2009. The documents were part of a production of over 700 pages, identified by the bates range ORCL00312744 ­ ORCL00313461 and the description "miscellaneous financial documents." 2. Attached as Exhibit A is a true and correct copy of the following excerpt from the

Court's September 30, 2010 Pretrial Hearing transcript at 55:13-22. 3. Attached as Exhibit B are true and correct copies of excerpts from the trial

transcript dated November 8, 2010: 823:9-826:21. 4. 5. Oracle served its initial damages expert's report on November 16, 2009. Attached as Exhibit C are true and correct copies of excerpts from the trial

transcript dated November 19, 2010: 1953:5-1959:22. 6. Attached as Exhibit D are true and correct copies of excerpts from the trial

transcript dated November 22, 2010: 2215:15-19. 7. Attached as Exhibit E are true and correct copies of excerpts from the trial

transcript dated November 16, 2010: 1530:14-1535:4, 1535:12-17, 1535:25-1537:7, 1589:171596:13, 1596:18-1597:25, 1598:5-1600:7, 1630:16-21. 8. Attached as Exhibit F are true and correct copies of excerpts from the trial

transcript dated November 12, 2010: 1296:19-25, 1301:2-20, 1305:19-25. // //
LANIER DECL. ISO DEFENDANTS' OPPOSITION TO ORACLE'S CONDITIONAL MOTION FOR NEW TRIAL Case No. 07-CV-1658 PJH (EDL))

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I declare under penalty of perjury under the laws of the United States and the State of California that the foregoing is true and correct. Executed this 24th day of March, 2011 in Palo Alto, California. /s/ Tharan Gregory Lanier Tharan Gregory Lanier
SFI-667618v2

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LANIER DECL. ISO DEFENDANTS' MOTION FOR STAY OF EXECUTION OF JUDGMENT
Case No. 07-CV-1658 PJH (EDL)